ISLAMABAD: The Islamabad High Court (IHC) declared the No Objection Certificate (NOC) given to Park View City Housing Society as “illegal and void”.
A single bench of Chief Justice Athar Minallah on Thursday issued detailed judgment, wherein, it has been declared that land acquired under the Ordinance of 1960 vests in the State and it cannot be used, directly or indirectly, in violation of the scheme and provisions thereof.
The chief justice noted that the planning and development of the acquired land is subject to and confined to the Scheme prepared under sections 12, 13 and 14 ibid.
Its use, directly or indirectly, for the benefit of a private profit making entity or person is contrary to public interest and policy, violation of constitutionally-guaranteed rights of the public at large, and thus, without lawful authority and jurisdiction.
The judgment said, “The NOC was thus illegal, void and issued without lawful authority and jurisdiction.”
It added that the acts of the Company regarding the acquired land were and continue to be illegal, void and in violation of fundamental rights of public at large and in breach of public interest.
The bench, therefore, directed the Capital Development Authority (CDA) and the chief commissioner, Islamabad Capital Territory to forthwith remove all the obstructions or any other construction attributed to the Company on the acquired land, while the Authority shall forthwith resume the land so far developed by the Company under regulation 22 of the Revised Modalities and Procedure, 2020.
The judgment also said: “The Chief Commissioner shall, forthwith, ensure that the land of the Housing Scheme is demarcated and all the complaints regarding land grabbing, obstructing rights of way and other property rights of the citizens are attended to and resolved in accordance with the law.”
It further said that the deputy commissioner shall put in place an effective mechanism to redress the complaints of citizens affected by the illegal activities and actions of the Company or those acting on its behalf while the DC shall ensure that urgent measures are taken to prevent the phenomenon of land grabbing and other violations of property rights in the unacquired land, inter alia, in the light of the report submitted before this Court.
The court declared, “The Secretary, Ministry of Interior, Chief Commissioner and the Inspector General will be responsible, jointly and severally, if the phenomenon of land grabbing and illegal dispossession continues within the 1,400 square mile area of the Islamabad Capital Territory.”
It also said, “The Secretary, Ministry of Interior shall place copies of this judgment before the Federal Cabinet i.e. the worthy Prime Minister of Pakistan and the members of the Cabinet. It is expected that the Federal Government would take appropriate decisions regarding initiating a probe relating to the gross illegalities committed in the case in hand and make it an example for restoring rule of law within 1400 square mile area of the Capital of Pakistan. It is expected that exemplary accountability will be ensured of those who have caused irretrievable damage and violated the constitutionally guaranteed rights of the citizens.”
The IHC bench stated that the Federal Cabinet is expected to take appropriate decisions for making the Environmental Protection Agency an effective and independent statutory regulator for environmental protection under the Act of 1997.
Accountability is a foundational principle of rule of law and good governance, including governance of natural resources, to prevent adverse environmental impact and abuse of power.
The Federal Cabinet is, therefore, expected to set the wheel of law in motion to fulfill the crucial requirements for the actors to accept responsibility and be accountable for their actions.
It continued that the secretary, Ministry of Interior, chief commissioner and deputy commissioner are directed to submit a joint report within one month before the registrar of this Court regarding compliance with the above directions.
Copyright Business Recorder, 2020
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